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What is the name of your state (only U.S. law)? AL

Can you take legal action against someone who repeatedly makes false accusations against you in court?....it can be proven..
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? AL

Can you take legal action against someone who repeatedly makes false accusations against you in court?....it can be proven..


As a rule, no. Things said in court are protected from being used in defamation suits.

You may be able to request the court sanction the person if the person is filing frivolous lawsuits against you.

Without details though, it's difficult to comment further.
 
As a rule, no. Things said in court are protected from being used in defamation suits.

You may be able to request the court sanction the person if the person is filing frivolous lawsuits against you.

Without details though, it's difficult to comment further.
Reported me to DHS for false molestation accusations....and now fabricating some allegations of me being obsessed with his daughter..confused with me simply being involved as a parent..... basically the dad of my step child uses me as a backdrop for a hearing every time his panties get into a bunch.... Nothing ever comes of it except for lots of money spent on an attorney....it is just getting very old...
 

quincy

Senior Member
First, I hope you are experiencing some respite from the ugliness of your situation and are able to enjoy a peaceful holiday break with your family.

Proserpina is correct that you can do little about what is said in court proceedings. There is an absolute privilege that attaches to these words that protects against any defamation action arising from what is said, no matter how false or injurious the claims may be. It is up to the state to decide if perjury charges will be pursued against a person who lies under oath, and the state rarely takes this action (due to the difficulty in obtaining the proofs necessary for a successful case and due to the expense involved).

Generally, however, the court is well-aware that much of what is said by parties in, especially, child support and divorce and related hearings will be bending the truth a bit (or a lot). In Alabama, for instance, most of the juvenile and family court judges and referees have over 7 years of experience handling these cases. They are not blind to the false claims often made by battling ex-spouses in court. The court takes all of this into consideration when making a decision and will not place any more weight on what is said than it deserves (ie. than what is supported by evidence).

The fact that you cannot seek legal recourse through a defamation suit filed against your defamer for what he says in court, however, does not mean that you are entirely without recourse.

Since the Mondale Act was passed in 1974 (refer to US Code Title 42, Chapter 67), there have been recognized abuses of this Child Abuse Prevention Act. It has been amended several times since '74, in fact, to address some of the major ones that have been evidenced. The Act in its amended form was reauthorized in 2003. What the Act does, in part, is makes the reporting and handling of suspected child abuse and neglect mandatory. It also makes child service evaluators subject to jail time for inadequate investigating of the reports that are made. This has been shown to have saved many children from abuse and neglect in the years since the Act has been in effect, which is good. That was its intent.

The investigations include interviews with the child(ren) in question, criminal background checks of those involved, a review of medical and/or psych records, interviews with those who may have knowledge of situation reported, home visits, etc. The law requires that the reports made to CPS (and the name of the person making the initial report) remain confidential. Only information deemed necessary to protect the welfare of the child(ren) will be released, and only to those with an absolute need to know.

However, if you are having to handle several false reports made about you (and this, by the way, is the area where the majority of problems have arisen with the passage of the Act in 1974), you should contact your local law enforcement agency and file a complaint (against a "John Doe reporter" if the reporter is unknown) every time you are the subject of a CPS investigation.

It is illegal to intentionally file a knowingly false police or CPS report. These reports are covered by a qualified privilege, not the absolute privilege which covers the words communicated in court or in reference to court proceedings. These reports, in other words, can spawn a legal action if it can be proved that the reports were made with "actual malice." Although it is often impossible to prove that a report was made by a person who knew it was false at the time it was made, and that it was made by this person with a malicious intent to cause harm, having a police record of complaints can be useful as an additional official record of investigations conducted by CPS. Eventually you may be able to use these records to support, at the very least, an harassment complaint against the reporter.

In addition to filing police complaints, if you disagree with or have problems with any report that is made by a CPS evaluator, you can discuss this directly with the evaluator assigned to your case. If you cannot get what you are seeking from the evaluator, you can move from the evaluator to the evaluator's supervisor. Finally, if you are continuing to be investigated based on false reports filed with CPS and you are unable to get any relief through your contact with the evaluator and supervisor, you can request an administrative review by the DHS.

You can also request that your name and identifying information be removed from all case records, if a court has found that the information provided in the initial report(s) was unfounded and CPS could not substantiate any of the claims after their investigation into the matter.

I have reviewed briefly your posting history on this forum, moldableman, and it appears you have had in recent years several struggles with the biological father of your step-daughter. If all of the adults in this child's life are not in counseling to resolve their differences, they should be. Otherwise this child will have major issues of her own to deal with, and that all of you will have to manage, when she reaches teenagehood and adulthood.

Good luck.
 
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Zigner

Senior Member, Non-Attorney
Reported me to DHS for false molestation accusations....and now fabricating some allegations of me being obsessed with his daughter..confused with me simply being involved as a parent..... basically the dad of my step child uses me as a backdrop for a hearing every time his panties get into a bunch.... Nothing ever comes of it except for lots of money spent on an attorney....it is just getting very old...
You're NOT a parent. You need to back off and let the PARENTS parent their child.
 
First, I hope you are experiencing some respite from the ugliness of your situation and are able to enjoy a peaceful holiday break with your family.

Proserpina is correct that you can do little about what is said in court proceedings. There is an absolute privilege that attaches to these words that protects against any defamation action arising from what is said, no matter how false or injurious the claims may be. It is up to the state to decide if perjury charges will be pursued against a person who lies under oath, and the state rarely takes this action (due to the difficulty in obtaining the proofs necessary for a successful case and due to the expense involved).

Generally, however, the court is well-aware that much of what is said by parties in, especially, child support and divorce and related hearings will be bending the truth a bit (or a lot). In Alabama, for instance, most of the juvenile and family court judges and referees have over 7 years of experience handling these cases. They are not blind to the false claims often made by battling ex-spouses in court. The court takes all of this into consideration when making a decision and will not place any more weight on what is said than it deserves (ie. than what is supported by evidence).

The fact that you cannot seek legal recourse through a defamation suit filed against your defamer for what he says in court, however, does not mean that you are entirely without recourse.

Since the Mondale Act was passed in 1974 (refer to US Code Title 42, Chapter 67), there have been recognized abuses of this Child Abuse Prevention Act. It has been amended several times since '74, in fact, to address some of the major ones that have been evidenced. The Act in its amended form was reauthorized in 2003. What the Act does, in part, is makes the reporting and handling of suspected child abuse and neglect mandatory. It also makes child service evaluators subject to jail time for inadequate investigating of the reports that are made. This has been shown to have saved many children from abuse and neglect in the years since the Act has been in effect, which is good. That was its intent.

The investigations include interviews with the child(ren) in question, criminal background checks of those involved, a review of medical and/or psych records, interviews with those who may have knowledge of situation reported, home visits, etc. The law requires that the reports made to CPS (and the name of the person making the initial report) remain confidential. Only information deemed necessary to protect the welfare of the child(ren) will be released, and only to those with an absolute need to know.

However, if you are having to handle several false reports made about you (and this, by the way, is the area where the majority of problems have arisen with the passage of the Act in 1974), you should contact your local law enforcement agency and file a complaint (against a "John Doe reporter" if the reporter is unknown) every time you are the subject of a CPS investigation.

It is illegal to intentionally file a knowingly false police or CPS report. These reports are covered by a qualified privilege, not the absolute privilege which covers the words communicated in court or in reference to court proceedings. These reports, in other words, can spawn a legal action if it can be proved that the reports were made with "actual malice." Although it is often impossible to prove that a report was made by a person who knew it was false at the time it was made, and that it was made by this person with a malicious intent to cause harm, having a police record of complaints can be useful as an additional official record of investigations conducted by CPS. Eventually you may be able to use these records to support, at the very least, an harassment complaint against the reporter.

In addition to filing police complaints, if you disagree with or have problems with any report that is made by a CPS evaluator, you can discuss this directly with the evaluator assigned to your case. If you cannot get what you are seeking from the evaluator, you can move from the evaluator to the evaluator's supervisor. Finally, if you are continuing to be investigated based on false reports filed with CPS and you are unable to get any relief through your contact with the evaluator and supervisor, you can request an administrative review by the DHS.

You can also request that your name and identifying information be removed from all case records, if a court has found that the information provided in the initial report(s) was unfounded and CPS could not substantiate any of the claims after their investigation into the matter.

I have reviewed briefly your posting history on this forum, moldableman, and it appears you have had in recent years several struggles with the biological father of your step-daughter. If all of the adults in this child's life are not in counseling to resolve their differences, they should be. Otherwise this child will have major issues of her own to deal with, and that all of you will have to manage, when she reaches teenagehood and adulthood.

Good luck.
I agree with you on the counseling. My wife, myself, and my step daughter have attended counseling to work through many of the issues we are confronted with. As far as adjustment goes, my Sdaughter is class secretary, in the gifted children program, and is an honor roll student. She is extremely well adjusted considering the circumstance. I hate that you saw the old posts.. We have worked past the majority of those issues with flying colors. Sdaughter's dad will never go though.. and thank you for the information.
 
You're NOT a parent. You need to back off and let the PARENTS parent their child.
and step parents are parents....that is probably why they are called step-PARENTS...why is it that people on this forum take issue with a person committing to provide a stable environment where a biological parent may not, or for a step parent to provide where the bio one lacks..such as medical care, dental, vision, and pick up the tab on an irresponsible parents lack of funds on visitation costs.... or when a bio parent abuses a child and the step , even if they don't speak a word" provides stability just by being there through the hard times.. we know we are not biologically related, but why should a child suffer at the hands of genetics when an individual is able soothe the hurt that a blood related person inflicted...
 

TheGeekess

Keeper of the Kraken
and step parents are parents....that is probably why they are called step-PARENTS...why is it that people on this forum take issue with a person committing to provide a stable environment where a biological parent may not, or for a step parent to provide where the bio one lacks..such as medical care, dental, vision, and pick up the tab on an irresponsible parents lack of funds on visitation costs.... or when a bio parent abuses a child and the step , even if they don't speak a word" provides stability just by being there through the hard times.. we know we are not biologically related, but why should a child suffer at the hands of genetics when an individual is able soothe the hurt that a blood related person inflicted...
Because LEGALLY, you mean NADA, NOTHING, ZILCH?? :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:
 

justalayman

Senior Member
Don't speak to me again... my wife is hospitalized and like it or not I can ask as many questions on here as I like. Knowledge is power, and the best thing I can do as a spouse is collect information that can assist my wife in handling an abusive ex husband. You try "minding your own business" when you are the center of an ex-spouse's obsession.
You are apparently misunderstanding what a parent is. You even state you are "involved as a parent". You have no legal right to be involved as a parent because you are not a legal parent and have no rights as a parent.

let the parents of the child be the parents.
 

Proserpina

Senior Member
and step parents are parents....that is probably why they are called step-PARENTS...why is it that people on this forum take issue with a person committing to provide a stable environment where a biological parent may not, or for a step parent to provide where the bio one lacks..such as medical care, dental, vision, and pick up the tab on an irresponsible parents lack of funds on visitation costs.... or when a bio parent abuses a child and the step , even if they don't speak a word" provides stability just by being there through the hard times.. we know we are not biologically related, but why should a child suffer at the hands of genetics when an individual is able soothe the hurt that a blood related person inflicted...


Because it's about legalities - not emotion.

Yet, you know this already. This isn't your first time posting and you know the reality of the situation....
 
Because LEGALLY, you mean NADA, NOTHING, ZILCH?? :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:
Legally....this is true....I am not referring to legal circumstances though... I am referring to day to day raising and relating.... I guess it is more what the military refers to it as....she is my dependent.....she depends on me to provide and I will continue to do so because "legally" the other guy sure ain't doin it....and trust me, it takes from my children when he doesn't so it becomes quite personal... I love how all of this works out... my wife is related to the child and my children are related to the child....and his wife's children are related to the child, but no one wants to acknowledge it... I think it is completely foolish for people to go about pretending that the child's parent's spouses have no impact or leverage on how things play out...and trust me...if it weren't for the stability of the stepmother.....there would be a whole other set of issue's....like I said...we know our place and roll...and legally we have no rights and justly so....but we sure as daylight are involved in the upbringing and emotional health of the child....and no law can stop that
 
Because it's about legalities - not emotion.

Yet, you know this already. This isn't your first time posting and you know the reality of the situation....
have we missed the point that the dad is making things up about me....apparently if there were legitimate dysfunctions he wouldn't have to make some up.....and I'm clear on the legalities of being a step parent......
 
You are apparently misunderstanding what a parent is. You even state you are "involved as a parent". You have no legal right to be involved as a parent because you are not a legal parent and have no rights as a parent.

let the parents of the child be the parents.


what I am getting at is the taking the kid fishing...tucking them into bed....teaching them guitar....helping with homework....mentoring....that is parenting....LEGALLY or not...I wish the dude would get his act together, but I refuse to sit and watch this child suffer...or alienate her just because someone says that a piece of paper doesn't give me the right to care for her....or treat her with the same love that I give my own children.....and even though I cant and dont call myself her dad doesn't mean that I cannot be there for her if and when she needs to be cared for.....simply due to the fact that my commitment runs deeper than sticking a check in the mail every month
 

quincy

Senior Member
No one, regardless of what type of relationship they are in, should sit quietly by or step back graciously when they are being verbally (or physically) abused, and no one, regardless of the type of relationship they are in, should sit quietly by or step back graciously when they are being falsely accused of child neglect, child abuse or child molestation.

False accusations of this sort should not go unchallenged - regardless of who is making the accusations against whom.

Ideally, ALL parents of a child should make as their priority the health, safety and well-being of the child, and they should be working together out of love for the child to see that the child is raised (parented) properly. This should be the case regardless of how these parents came to be in the child's life - as a natural parent, as an adoptive parent, as a stepparent.

A child cares nothing about whether a person in their life is considered a "legal stranger" when it comes to child custody, child support and child visitation matters, not if the child has a close, meaningful and loving relationship with that person. Children don't get screwed up because too many people love them and want what's best for them. They get screwed up because too many parents lose sight of the child's needs and act not for the benefit of the child but instead they act out of anger, jealously, hate, envy, revenge and bitterness toward the other parent.

Putting the child's needs first takes mature adults, willing to put aside whatever differences they may have with each other so that they can parent effectively together. That is why this remains the ideal but often, sadly, not the reality. Whatever maturity that may once have existed seems to dissipate in these situations.

Again, however, moldableman should NOT ignore false accusations of child molestation leveled at him by the child's father. These are damaging to moldableman personally and are most definitely his business. If counseling cannot help, then legal options should be considered.
 
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Tex78704

Member
... Finally, if you are continuing to be investigated based on false reports filed with CPS and you are unable to get any relief through your contact with the evaluator and supervisor, you can request an administrative review by the DHS...
I agree with this 100%. As Quincy stated, false allegations of this sort should be aggressively challenged.

I would add that requests for CPS "administrative reviews" are often best done by an attorney with direct working experience with CPS. Some of these attorneys are very adept at cutting through the CPS bureacratic red tape in ways the average citizen (or attorney) cannot. Such attorneys often have prior public service experience prosecuting child abuse cases and working closely with CPS.

I once had an issue with false complaints and CPS stonewalling, and my attorney referred me to another attorney to handle this specific issue. This attorney promptly got on the phone and direct dialed someone high up enough in CPS to straighten the problem out rather quickly.

Point is, if you can find such an attorney (and they are around), they are worth their weight in gold in such matters.
 
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